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UCS International Terms and Conditions
UCS International Terms and Conditions
01. General
For purposes of the UCS terms and conditions L.Y.M. International Group (USA) Inc. dba United Courier Service shall be referred to as “UCS”.

UCS reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, terms and conditions, and tariff to all customers without notice. All modifications, amendments or supplements may be authorized only by an officer in the Legal Department of UCS or successor positions, but no other agent or employee of UCS nor any other agent or party is authorized to do so.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

Any failure to enforce or apply a term, condition, or provision of these terms and conditions shall not constitute a waiver of that term, condition or provision or otherwise impair our right to enforce or apply such a term, condition or provision in the future.
02. International Shipments
The following contains the UCS International Terms and Conditions applicable to UCS international shipping.

If there is a conflict between these terms and conditions and the terms and conditions on any UCS air waybill, shipping label, tariff, or other transit documentation, these terms and conditions will control to the extent they are not in conflict with the rules relating to liability for international carriage established by the Warsaw Convention, as amended, or Montreal Convention, other applicable treaties or any applicable tariff.
03. Definitions
“Ancillary clearance service” means value-added services that UCS may provide to accommodate the requirements of regulatory agencies, or that customers may request UCS (or our assigned broker) to perform on the customer’s behalf. Such services are provided in addition to the normal customs-clearance process. Ancillary clearance services may incur a service fee that will be invoiced to the designated payer.

“Business day” means Monday through Friday except for the following U.S. holidays: Memorial Day; New Year’s Day; Independence Day; Thanksgiving Day; and Christmas Day. The business day may differ in some international locations due to local customs.

“Chargeable weight” means the greater of actual or dimensional weight. For all rating purposes, “length” is the longest side of any package or object. Any fraction of a pound is rounded up to the next-higher pound.

“Customer” , “sender” or “shipper” means the person whose name is listed on the waybill as the sender.

“Freight” means any single piece or skid with a chargeable weight greater than 70 lbs. Any fraction of a pound is rounded up to the next-higher pound.

“Guide” or “Service Guide” means the UCS Service Guide, as modified, amended or supplemented.

“Our” , “us” and “we” refer to UCS and its officers, employees and agents (but does not include cartage agents).

“Overcharge” means a charge based on an incorrect rate; an incorrect special handling fee; billing a service other than the service selected for the package; billing based on incorrect package or shipment weight; billing to the wrong account number; or any other billing, unrelated to a service failure, that results in an incorrect charge.

“Package” means any single parcel or piece with a chargeable weight of 70 lbs. or less. Any fraction of a pound is rounded up to the next-higher pound.

“Recipient” or “consignee” means the person whose name is listed on the air waybill as the recipient.

“Reroute” means to deliver a shipment to an address different from that specified on the air waybill, and includes a change: (1) from one street address to another in the same city and state, (2) from directions to Hold at UCS Location to a request for delivery to another location, (3) from the delivery instructions on the air waybill to a request to Hold at UCS Location, or (4) from one Hold at UCS Location address to another in the same city and state. Any requested change to an address that is not a reroute or an address correction is a new shipment, and new shipping charges will apply.

“Service failure” means delivery of your package 60 seconds or more after our published delivery commitment for the UCS service for that package, except as otherwise described in these terms and conditions.

“Shipment” means one or more pieces, either packages or freight, moving on a single air waybill.

“Valid” as it relates to account numbers means a UCS account number that has been issued by UCS and that is in good credit standing.

“Waybill” means any shipping document, label, electronic entry or similar item used in the UCS system for the services described in these terms and conditions.

“You” or “your” means the shipper/sender, recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment.
04. Billing
A. “Bill Sender” means charges will be billed to the sender. Payment on the account must be current. The sender may request an initial rebilling to another party, but all subsequent rebills will be only to the sender.

B. The sender’s shipment may be delayed if UCS determines that it is billed to a UCS account number that is not in good credit standing.

C. NOTWITHSTANDING ANY PAYMENT INSTRUCTIONS THAT ARE GIVEN TO UCS, THE SENDER IS ULTIMATELY LIABLE FOR ALL CHARGES AND FEES.

D. A special handling fee will be applied for any check or electronic funds transfer (EFT) that is dishonored due to insufficient funds on deposit or incorrect or insufficient signature of the drawer.

E. E.You must furnish with your payment the invoice numbers to which your payment applies. Payment should be sent using your remittance advice:
United Courier Service,
3760 W CENTURY BLVD
INGLEWOOD, CA  90303

F. Billing Special Handling Fees. A special handling fee will be applied in the following situations:
1. Invoicing where an incomplete, inaccurate, invalid or deleted account number appears in the shipping information. The fee for an incomplete, inaccurate, invalid or deleted account number will be applied only once for each package with such an account number.

2. A special handling fee will be charged to the sender for all requests to change a billing from the party billed or the bill-to party shown on the shipping transmission. If there are multiple requests, the fee may be applied for each invoice line item, which is rebilled. Requests for rebilling will be accepted up to 14 days from the invoice date, not counting the invoice date. Rebill requests will be accepted only for unpaid shipments. Requests for rebilling of transportation charges must be received via one of the approved channels. UCS reserves the right to alter payment dates regardless of the days stated in the Terms and Condition. The date reflected on the contract will be the one honored by UCS and the Customer.

G. Invoice Adjustments/Overcharges:
1. UCS reserves the right to audit shipments to verify service selection and package or shipment weight. If the service selected or weight entered is incorrect, UCS may make appropriate adjustments to the invoice at any time.

2. Senders are responsible for entry of accurate shipment information. Because the number of packages and weight per package are critical to our ability to correctly invoice, any omission or incorrect entry or unavailable information will result in a billing based on our estimate of the number of packages transported and either the standard dimensional factor at the time of billing or a standard “default” weight-per-package estimate determined at our sole discretion.

3. Requests for invoice adjustment due to an overcharge must be received within nine months after the date of shipment.

4. UCS is not obligated to refund any overcharge or pay any other obligation owed when your UCS account is, or has been in the past, more than 14 days past due.

5. If your account is more than 14 days past due, UCS may, at its sole discretion, apply any overcharge amounts or other overpayments it agrees are owed to you against the oldest invoices.

H. Additional Taxes. If a federal value-added, consumption or similar tax is applicable to your shipment, UCS reserves the right to add that amount to your shipment charges.

I. The sender is responsible for all reasonable costs incurred by UCS in attempting to obtain payment on any transaction. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, and interest and court costs.

J. At our sole discretion, UCS may transfer and assign ownership of, and any rights to collect, any and all charges due and payable to us.

K. Missing or Invalid Account Number. An account number is invalid if it is not the correct account number for the bill-to party, or it is the account number for a recipient or third party who fails to pay the shipping charges. An additional charge will be assessed for each missing or invalid account number.

05. Carriage under International Conventions
A. As used in the UCS terms and conditions, “Warsaw Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, Oct. 12, 1929, or that convention as amended, including the Montreal Protocol No. 4. “Montreal Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal, May 28, 1999. “Carrier” includes the air carrier issuing the air waybill and all air carriers that carry the goods or perform any other services related to the carriage.

B. When the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or Montreal Convention may be applicable. The convention governs and, in most cases, limits our liability for loss of, damage to or delay of cargo.

C. The Warsaw Convention and the Montreal Convention limit our liability for loss or delay of or damage to your shipment, unless you declare a higher value for carriage and pay the required fee as described below. The interpretation of the relevant Convention’s liability limit may vary depending on the destination country. If the Warsaw Convention as amended by Montreal Protocol No. 4 applies to your shipment, our liability is limited to 17 Special Drawing Rights (SDRs) per kilo, unless you declare a higher value for carriage and pay the required fee. If the Montreal Convention applies to your shipment, our liability is limited to 19 SDRs per kilo, unless you declare a higher value for carriage and pay the required fee. Otherwise, our liability is limited to US$9.07 per pound (US$20.00 per kilo) unless you declare a higher value for carriage and pay the required fee.

D. To the extent not in conflict with the rules relating to liability for international carriage as established by the Warsaw Convention or the Montreal Convention, carriage and other services performed by us are subject to the provisions of these terms and conditions, and applicable tariffs as amended from time to time, which are incorporated by reference. The tariffs, if any, may be inspected at our corporate headquarters.

E. UCS assumes no obligation to carry the goods by any specified aircraft or over any particular route or to make connections at any point according to any schedules. You agree UCS may, without notice, substitute alternative carrier or aircraft, deviate from the route or routes, or cause the goods to be transported by motor vehicle.

THERE ARE NO STOPPING PLACES THAT ARE AGREED TO AT THE TIME OF TENDER OF THE SHIPMENT, AND WE RESERVE THE RIGHT TO ROUTE THE SHIPMENT IN ANY WAY WE DEEM APPROPRIATE.

06. Cartage Agents
We provide pickup and delivery to many international locations.
A. If you elect to make arrangements for pickup or delivery directly with a cartage agent, you are responsible for all charges and fees assessed by the cartage agent. The invoice you receive from us will reflect only our charges and fees.

B. Our tender of a shipment to a cartage agent constitutes delivery of the shipment by us for all purposes. We are not responsible for service failures as a result of cartage agent pickups or deliveries.

C. A special handling fee may apply.

D. Cartage agents are independent contractors. They are neither employees nor agents of UCS, and we are not responsible for any of their acts or omissions.

07. Claims
A. Filing of Claims:
1. All claims in connection with request for UCS service and all claims for loss of or damage to property tendered to UCS for transportation must be filed in writing; must include or refer to shipping records, tracking ID, and date or other facts sufficient to identify the package involved; and must be accompanied by documents that prove the value of the property and/or extent of the loss or damage.

Documentation Requirements. Such documents may include original purchase invoices, estimates or invoices for repair (repairs are not authorized under this provision and should not be made until UCS has inspected the damaged package or expressly waived its right to inspect the damaged package), expense statements, appraisal, final confirmation screen if online order with proof of purchase, or other certified documents; must assert our liability for the alleged loss or damage; and must make claim for the payment of a specified or determinable amount of money. A request for proof of delivery does not constitute the filing of a claim.

Notification. In the case of a claim for concealed loss or damage that is not discovered at the time of delivery, the sender or recipient must notify UCS as promptly as possible after the discovery of the damage, and in any event no later than 15 days after the date of delivery. Notification should be made by calling [NUMBER] and the claimant shall be issued a claim number. This number should be recorded on the claim form along with the original tracking ID where indicated. Notification does not constitute filing of a claim as required in section B below.

Except as provided in the paragraph above, receipt of the shipment by the recipient without written notice of damage on the delivery record is prima facie evidence that the shipment was delivered in good condition. As a condition to UCS considering a claim, all the original shipping cartons, packing (inner and outer) and contents must be made available for UCS inspections. Package and contents must be retained by the claimant until the claim is resolved.

2. You can file a claim in the following ways:
UCS Claims
United Courier Service,
3760 W CENTURY BLVD
INGLEWOOD, CA  90303
Fax: 604-821-0809

3. If you fax your completed claim form and supporting documentation, UCS will send you a confirmation letter by return fax.

4. UCS will not voluntarily pay a claim for an uncertain amount, such as “$50 more or less.” UCS is not obligated to act on any claim until all outstanding invoices, payments, costs, and expenses are paid. The claim amount may not be deducted from these charges or any outstanding balance.

5. Bad order reports, appraisal reports of damage, notations of exceptions on delivery records or other documents, inspection reports issued by UCS inspectors or inspection agencies, requests for proof of delivery, and tracer or inspection requests standing alone are not sufficient to comply with these claim filing requirements.

6. UCS shipment-status information is not intended or permitted to be used by the shipper to file claims. (See Shipment-Status Information in the Proof of Delivery section.)

7. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF A CLAIM.

8. UCS reserves the option to pick up salvage on damaged claims when the claim is paid in full.

B. Time Limit for Filing Claims.

Claims in connection with requests for UCS service and claims for loss, damage or delay must be filed in writing with UCS within nine months from the date of delivery, or, in the event that UCS failed to make delivery, within nine months after the package was tendered to UCS for shipment. Suits against UCS must be instituted within two years and one day from the date UCS gives written notice that UCS has disallowed any part of the claim specified in the notice. If claims are not filed or suits are not instituted in accordance with the foregoing provisions, UCS will not be liable and such claims will not be paid.

C. Investigation of Claims:
1. Each claim must be supported by the original Pick-Up Record or Customer Shipping Record (if applicable), evidence that applicable transportation charges have been paid, and documents that prove the value of the property, and/or extent of the loss or damage. Such documents may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, or other certified documents. The documents must be verifiable to our satisfaction. Where the property involved in a claim has not been invoiced to the recipient, or where an invoice does not show price or value, or where the property involved has not been sold, or where the property has been transferred at bookkeeping values only, UCS will, before voluntarily paying a claim thereon, require the claimant to establish the destination value of the quantity shipped, transported or involved, and to certify the correctness of the valuations in writing.

2. When a claim for loss of an entire package or an entire shipment cannot otherwise be authenticated upon investigation, UCS will obtain from the recipient of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source.

3. In the event that the shipper and the recipient have refused a package, the property shall thereupon pass to UCS. UCS will not honor a claim for an abandoned package.

D. Disposition of Claims.

UCS will, after receiving a written claim for loss or damage to the property transported, either pay actual or declared value for the property, whichever is lower; or decline, or make a firm compromise settlement offer in writing to the sender (unless special arrangements have been made) within 120 days after receipt of claim by UCS. If a claim cannot be processed and disposed of within 120 days after the receipt thereof, UCS will advise in writing of the status of the claim and the reason for the delay in making final disposition. Acceptance of payment of a claim shall extinguish any right to recover in connection with that shipment.

E. Damaged Property:
1. UCS Discovered Damage. Whenever property is damaged by UCS in the course of transportation and discovered by UCS prior to delivery, UCS will either (1) return the damaged property to the shipper or (2) remove any damaged property and ship the balance of undamaged merchandise. If determined to be liable and if damaged property is returned to the shipper, UCS may, at the shipper’s request, pay the full actual or declared value of the property, whichever is lower, and title of the property shall thereupon pass to UCS. If the shipper makes such a request, the shipper must hold the damaged property until UCS has completed the processing of the shipper’s claim. UCS shall not be liable for any special, incidental or consequential damages.

2. Concealed Loss or Damage. Whenever property is delivered by UCS and damage or loss is subsequently discovered by the recipient, inspection may be made by UCS as promptly as practicable after receipt of request from the recipient or shipper. The shipper or recipient must notify UCS as promptly as possible after discovery of the damage, and in any event no later than 15 days after the date of delivery. UCS reserves the right to inspect a damaged shipment on customer premises as well as the right to retrieve the damaged shipment for inspection at a local UCS facility. All of the original shipping cartons, packing and contents must be available for our inspection and retained until the claim is concluded. Inspection will include examination of the damaged property, the shipping container and its packing, and any other action necessary to establish all the facts. If a shortage is involved, the inspector will compare the contents of package with the invoice, weigh the shipping container and contents, or conduct any other type of investigation necessary to establish that a loss has occurred. In either case, the inspection will be limited to a factual report. The shipper and recipient must cooperate with UCS to assist in the inspection. A written record of our findings will be made and a copy given to the shipper for claim support upon request. Any inspection report issued will be incorporated into the claim file. These terms and conditions and any UCS Tariff applicable to the original shipment (including, but not limited to, any declared value or limitation of liability) will govern the disposition of all claims in connection with said shipment, including any claim relative to the retrieval, inspection, call tag or return of said shipment.

E. In the event UCS does not make an inspection, the recipient must make the inspection and record all information pertinent to the cause. The recipient’s inspection, in such case, may be considered as the UCS inspection and will not jeopardize any recovery due the shipper based on the facts contained in the report.

08. Credit Terms
A. UCS will extend credit to shippers who, in the sole judgment of UCS, are creditworthy.

B. As a condition of extending credit privileges, UCS reserves the right to require business customers to provide current financial information, agree to bank draft arrangements for payment on account, provide a security deposit or provide a bank letter of credit.

C. Deposit Plan.
1. After depositing an amount equivalent to four weeks’ transportation charges as estimated by UCS, payments are required within 14 days of invoice date. The deposit amount is subject to change to reflect revised estimates of the shipper’s charges.

2. Under the deposit plan, no interest will be paid by UCS, nor will additional charges be rendered for their services. Net balances will be refunded at the request of the shipper.

D. When credit privileges are extended, UCS reserves the right to establish and enforce a credit limit on your account. At our sole discretion, we may review and amend a credit limit on your account.

E. The invoice date begins the credit term cycle, and payment is due within 14 days from the invoice date. Failure to keep your UCS account current will result in “termination” of your service.

F. IF THE ACCOUNT NUMBER TO BE BILLED IS NOT IN GOOD CREDIT STANDING, THE PACKAGE MAY BE HELD OR STOPPED IN TRANSIT UNTIL YOU MAKE ALTERNATIVE PAYMENT ARRANGEMENTS.

G. The shipper, and any other party who is liable for payment, is responsible for all reasonable costs incurred by UCS in obtaining or attempting to obtain payment for services rendered by UCS. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, interest and court costs.

H. Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by UCS in collecting or attempting to collect such balances. UCS may decline to restore credit privileges even if all costs, fees and expenses are paid.

I. At our sole discretion, UCS may apply payments made on your account to any unpaid invoice issued on your account.

J. If a billing statement is not paid when due, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of 1% per month (TEN PERCENT [12%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid.

09. Customs Clearance
A. All shipments that cross international borders must be cleared through customs, and you may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the recipient.

B. We (or a broker selected by us) will submit shipments to customs and other regulatory agencies for clearance. Duties and taxes or fees that may be assessed by any regulatory agency may be advanced on behalf of the sender and recipient provided appropriate credit arrangements have been made in advance. (See the Billing and Duties and Taxes sections.) UCS may charge an ancillary clearance service fee, where applicable, on international shipments for clearance processing, for services requested by the shipper, recipient or importer of record, or to recover the costs passed to UCS by the regulatory agency for regulatory filing.

C. In some instances, at our option, we accept instructions from recipients to use a designated customs broker other than UCS (or the broker selected by UCS) or the broker designated by the shipper. In any event, UCS (or the broker selected by UCS) reserves the right to clear the shipment if the broker cannot be determined or will not perform clearance or if complete broker information is not provided (including name, address, phone number and postal code).

D. When shipments are held by customs or other agencies due to incorrect or missing documentation, we may attempt first to notify the recipient. If local law requires the correct information or documentation to be submitted by the recipient and the recipient fails to do so within a reasonable time as we may determine, the shipment may be considered undeliverable. (See the Undeliverable Shipments section.) If the recipient fails to supply the required information or documentation, and local law allows the sender to provide the same, we may attempt to notify the sender. If the sender also fails to provide the information or documentation within a reasonable time as we may determine, the shipment will be considered undeliverable. We assume no responsibility for our inability to complete a delivery due to incorrect or missing documentation, whether or not we attempt to notify the recipient or sender. (See the Undeliverable Shipments section.)

E. Shipments requiring documentation in addition to the UCS Waybill may require additional transit time. Proper completion of necessary documentation, with complete and accurate shipment information is the shipper’s responsibility.

F. Shipments that contain goods or products that are regulated by multiple government agencies within the destination country (such as the General Administration of Customs of the People’s Republic of China) may require additional time for clearance.

G. The sender is responsible for making sure goods shipped internationally are acceptable for entry into the destination country. All charges for shipment to and return from countries where entry is not permitted are the sender’s responsibility.

H. We assume no responsibility for shipments abandoned in customs, and such shipments may be considered undeliverable.

I. For shipments that must be cleared through customs by the recipient, UCS will deliver the customs paperwork to the recipient, and delivery of paperwork constitutes timely delivery.

10. Dangerous Goods
A. All packages containing dangerous goods must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations and, where applicable, Title 49 of the Code of Federal Regulations. Shippers of dangerous goods must comply with all UCS variations listed in the current edition of the tariff. All packages containing dangerous goods must comply with the IATA dangerous-goods regulations.

The shipper is responsible for complying with all packing requirements and appropriate marking and labeling of the package, documentation, as well as compliance with all applicable local, state and federal laws, regulations, ordinances and rules. The shipper is also responsible for ensuring the recipient complies with all applicable local, state and federal laws, and all laws of the People’s Republic of China, regulations, ordinances and rules for applicable hazard classes.

B. Each shipment must be accompanied by the 8-1/2” Shipper’s Declaration for Dangerous Goods form when required. Title 49CFR paperwork cannot be used for international dangerous goods shipments and such shipments will be refused or returned to the sender.

C. If the recipient refuses a package or freight piece containing dangerous goods, or the package leaks or is damaged, it will be returned to the shipper if possible. If the shipper refuses to accept the returned shipment or it cannot be returned because of leakage or damage due to faulty packaging, the shipper is responsible for and agrees to reimburse and otherwise indemnify UCS for all costs, fees, and expenses it incurs in connection with the cleanup and disposal of the package or freight piece. The shipper agrees to indemnify UCS for any and all costs, fees and expenses UCS incurs as a result of the shipper’s failure to comply with UCS Dangerous Goods shipping requirements.

D. We have the right to refuse any package or freight piece with an odor or any package that is wet or leaking. If a dangerous goods shipment damages or contaminates any property, the shipper is solely responsible for and will reimburse and indemnify UCS for any and all costs, fees and expenses it incurs in connection with the cleanup of such damage or contamination.

E. We may be required by law to report improperly declared or undeclared shipments of dangerous goods to the U.S. Department of Transportation (DOT). The shipper may be subject to fines and penalties under applicable law. The DOT/Federal Aviation Administration (FAA) requires every shipper to have job-specific dangerous goods training prior to tendering a dangerous goods shipment to UCS or another air carrier. When individuals tender a shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.

F. Dangerous goods may not be rerouted to an address other than the original intended-recipient’s address provided by the shipper. (Note: Shipments may be made available as hold for pickup or be returned to the sender.)

G. We are required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the shipment to move on the next available truck route or flight on which proper segregation can be maintained.

11. Declared Value for Carriage and Limits of Liability
The declared value for carriage of any package represents our maximum liability in connection with a shipment of that package, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment. It is the shipper’s responsibility to prove actual damages. Exposure to and risk of any loss in excess of the declared value is assumed by the shipper. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy. The shipper should contact us for insurance options, or an insurance agent or broker if insurance coverage is desired.
A. If for any reason the Warsaw Convention or the Montreal Convention (see the Carriage Under International Conventions section) does not govern our liability, our maximum liability for loss, damage or delay, or any claim with regard to any shipment moving to or from the U.S. is limited to US$100, unless you declare a higher value for carriage. If the Warsaw Convention as amended by Montreal Protocol No. 4 applies to your shipment, our liability is limited to 17 Special Drawing Rights (SDRs) per kilo, unless you declare a higher value for carriage. If the Montreal Convention applies to your shipment, our liability is limited to 19 SDRs per kilo, unless you declare a higher value for carriage.

UCS freight shipments have a maximum declared-value limit of US$50,000.

B. EVEN IF A HIGHER VALUE IS DECLARED, OUR LIABILITY FOR LOSS, DAMAGE OR DELAY OF A SHIPMENT WILL NOT EXCEED ITS REPAIR COSTS, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

C. Shipments (packages or freight) containing all or part of the following items are limited to a maximum declared value for carriage of US$100 per shipment. Import of any of the following items may be prohibited by individual countries, and a lower declared-value limitation for a country will control this stated limitation for such items:
1. Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items.

2. Film, photographic images (including photographic negatives), photographic chromes and photographic slides.

3. Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.

4. Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware.

5. Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, and any other commodity with similarly fragile qualities.

6. Plasma screens.

7. Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal.

8. Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.

9. Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates, or platinum (except as an integral part of electronic machinery).

10. Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds.

11. Liquor stamps and tax stamps.

12. Collector’s items such as coins, stamps, sports cards, souvenirs and memorabilia.

13. Guitars and other musical instruments that are more than 20 years old, and customized or personalized musical instruments.

14. Scale models (including, but not limited to, architectural models and dollhouses) and prototypes.

D. Any documents shipped shall not be deemed to have any declared value.

E. The declared value for carriage cannot be greater than the declared value for customs.

F. When the sender has not specified the declared value for carriage of each package on an air waybill, but has specified a total declared value for all packages, the declared value for each package will be determined by dividing the total declared value by the number of packages on the air waybill unless you provide verifiable evidence supporting a different allocation. The declared value of any package in a shipment cannot exceed the declared value of the total shipment.

G. Notwithstanding anything else in these terms and conditions or the UCS tariff, we are not liable for any loss of, damage to or delay, misdelivery or nondelivery of unacceptable shipments, including, but not limited to, cash or currency, nor misdelivery of information.

H. Notwithstanding anything else in these terms and conditions or the UCS tariff, we are not liable for any loss, damage or delay to any package that is not adequately packaged by the shipper.

I. ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE UCS SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE UCS SERVICE GUIDE AS TO SUCH SHIPMENT.

J. REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED A SHIPMENT’S REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

K. The shipper is responsible for accurately completing the air waybill or other shipping documents, including completion of the declared-value section. We cannot honor requests to change the declared-value information on the air waybill after tender to UCS.

L. See the Liabilities Not Assumed section for other limitations and exclusions on our liability.

M. Additional restrictions may apply to a shipment if sent pursuant to an airline interline agreement.

12. Duties and Taxes
A. In order to complete clearance of certain items through customs, we may be required to advance on your behalf certain duties and taxes as assessed by customs officials. For all shipments we may contact the payer before clearance is complete to confirm the arrangements for reimbursing us. At our sole discretion, we may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery including, but not limited to, cases of deliveries to recipients that we believe are not creditworthy and of shipments with high declared values.

B. Duties and taxes may generally be billed to the sender, the recipient or a third party. If the sender fails to designate a payer on the air waybill, duties and taxes will automatically be billed to the recipient where allowed. If transportation charges for a shipment are billed to a credit card, UCS reserves the right to also settle uncollected duties and taxes charges associated with that shipment to the credit card account.

C. In the event we advance duties, taxes or other fees on behalf of the payer, the payer will be assessed a surcharge based on a flat rate or a percentage of the total amount advanced.

D. If a recipient refuses to pay the duties and taxes, we may contact the sender. If the sender refuses to make satisfactory arrangements to reimburse us, the shipment may be returned to the sender or placed into a general order warehouse or a customs-bonded warehouse. The sender must then pay both the original transportation charges and the return charges. If we advanced any amounts as duties and taxes at either the original destination or upon return, the sender shall also be liable for such amounts.

E. Payment for duties and taxes will be made by one of the following means at the sole discretion of UCS: cash, check (personal or business, provided valid identification is offered), money order, traveler’s check, or debit or deferment account. UCS does not accept prepayment of duties and taxes at the time of shipment. Payment of duties and taxes may not be made by credit card.

F. In the event we have cleared packages on your behalf and you do not have credit arrangements with UCS, payment may be required prior to the release of your shipment.

G. In the event the accuracy or propriety of duties and taxes assessed on a shipment is disputed, UCS or its designated broker may review the shipping documents tendered with the shipment. If UCS determines that the duties and taxes were properly assessed, the shipper agrees to pay the duties and taxes.

13. Export Control Laws
You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, through or over which your shipment may be carried. Any UCS Returns service shipments that are forwarded to a third country must also comply with the export control requirements of the country of first departure. You agree to furnish such information and complete and attach to the air waybill such documents as necessary to comply with such laws, rules and regulations.

In addition, you specifically warrant that you will not tender any shipments to us banned by the People’s Republic of China, or if you are listed on the Denied Persons List maintained by the U.S. Department of Commerce. You also warrant that you will not attempt to ship to persons or entities listed as Specially Designated Nationals or Blocked Persons by the U.S. Treasury Department and that you will ship items requiring a State Department license using our UCS International Premium, UCS International Express Freight or UCS International Airport-to-Airport services or UCS International Priority using the UCS International Controlled Export service option. UCS will not carry shipments that violate any U.S. export laws. We assume no liability to you or any other person for any loss or expense — including, but not limited to, fines and penalties — if you fail to comply with any export laws, rules or regulations.

14. Extra-Large Packages
Extra-large packages are pieces weighing less than 70 lbs. (or destination country limit) that exceed 150 cm (59 inches) in length or a total of 300cm (or 118 inches) in length and girth combined. No exceptions. These pieces may be refused, or a minimum chargeable weight of 70 lbs. may be applied regardless of actual weight at our sole discretion.

15. Fuel Surcharge
We reserve the right to assess fuel and other surcharges on shipments without notice. The duration and amount of any surcharge will be determined at our sole discretion. By tendering your shipment to UCS, you agree to pay the surcharges, as determined by UCS.

16. Inspection of Shipments
We may, at our sole discretion, open and inspect any shipment without notice. Governmental authorities may also open and inspect any shipment at any time.

17. Liabilities Not Assumed
UCS WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DECLARED VALUE OR US$100 OR THE AMOUNT SET BY THE MONTREAL OR WARSAW CONVENTIONS (AS AMENDED), WHICHEVER IS GREATER, FOR CARRIAGE OF A SHIPMENT ARISING FROM TRANSPORTATION SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE UCS SERVICE GUIDE, WHETHER OR NOT UCS EXPRESS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.

In no event shall UCS, including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not UCS had knowledge that such damages might be incurred.

We will not be liable or responsible for loss, damage or delay caused by events we cannot control.

We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
1. The act, default or omission of any person or entity, other than UCS, including those of any local, state or federal government agencies.

2. The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.

3. The shipper’s violation of any of the terms and conditions contained in this tariff as amended from time to time, including, but not limited to, the improper and insufficient packing, securing, marking and labeling of shipments, or use of an account number not in good credit standing.

4. Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, hazards incident to a state of war, local, national or international weather conditions (as determined solely by UCS), local, national or international disruptions in transportation networks (as determined solely by UCS), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to UCS personnel, and disruption or failure of communication and information systems (including, but not limited to, UCS systems).

5. Damage or loss of articles packaged and sealed by the sender or by person(s) acting at the sender’s direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the shipment without noting the damage on the delivery record.

6. Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.

7. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information.

8. Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.

9. Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.)

10. Failing to obtain the signature option requested for shipments using UCS Delivery Signature Options.

11. Shipments released without obtaining a signature at residential addresses. (See the Delivery Signature Options section.)

12. Shipments released without obtaining a signature at nonresidential addresses if a signature release is on file. (See the Delivery Signature Options section.)

13. Our failure to honor package-orientation graphics (e.g., “up” arrows, “this end up” markings), “fragile” labels or other special directions concerning packages.

14. Damages indicated by any shockwatch, tiltmeter or temperature instruments.

15. Your failure to ship goods in packaging approved by us prior to shipment where such prior approval is recommended or required.

16. The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens, and glass containers such as those used in laboratory test environments.

17. Your use of an incomplete, inaccurate, or invalid UCS account number or your failure to provide a valid UCS account number in good credit standing in the billing instructions on shipping documentation.

18. Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice.

19. Performance of any services will not constitute UCS as the shipper’s or anyone’s agent for any purpose.

20. Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items when not enclosed in outer packaging, or other general shipping containers caused by adhesive labels, soiling or marking incidental to transportation.

21. Any package where UCS package scan records do not reflect acceptance of the package by UCS from the shipper.

22. The shipper’s failure to delete all shipments entered into a UCS self-invoicing system, internet shipping device or any other electronic shipping method used to ship a package, when the shipment is not tendered to UCS. If you fail to do so and seek a refund, credit or invoice adjustment, you must comply with the notice provisions in Invoice Adjustments/Overcharges in the Billing section. UCS is not liable for any refund, credit or adjustment unless you comply with those notice provisions.

23. Damage to electronics (including but not limited to computers, computer accessories, laptops, tablets, cell phones, mp3 players, video game consoles and cartridges, and video players), or any components thereof, or any electronic equipment when shipped in any packaging other than:
A. The manufacturer’s original packaging, which is undamaged and has retained a good, rigid condition.

B. Packaging approved by UCS prior to shipping.

24. UCS does not provide protective services for transportation of perishable commodities or of commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper’s risk for loss of value or damage occasioned by exposure to heat or cold. The shipper agrees to not file damage claims for perishable items.

25. UCS will not be liable for the failure to provide any services or service options where our records do not reflect that the services or service options were selected by the shipper.

26. Our compliance or noncompliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient, including requests made by the recipient for delivery options using UCS Delivery Manager.

27. The shipper’s failure to provide accurate delivery address information.

28. Any shipment containing a prohibited item. (See the Prohibited Items section.)

29. Our inability or failure to complete a delivery, or a delay to any delivery, due to acts or omissions of customs or other regulatory agencies.

30. Delays in delivery caused by adherence to UCS policies regarding the payment of duties and taxes or other charges.

31. Our failure or inability to attempt to contact the sender or recipient concerning an incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker’s address.

32. Firearm or hazardous-materials shipments that the shipper did not properly declare, including proper documentation, markings, labels and packaging. UCS will not pay a claim on undeclared or hidden hazardous materials.

18. Limitations on Legal Actions
In the event that the Warsaw Convention, as amended, or Montreal Convention does not prescribe limitations on legal actions, the following will apply.

Any civil claim for overcharges must be brought within nine months after the claim accrues. Any civil claim for, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment, must be brought within two years and one day from the date UCS gives written notice that UCS has disallowed any part of the claim specified in the notice.

Any right you might have to damages, refunds, credits recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against UCS under any cause of action arising from the transportation of any package pursuant to the UCS Service Guide shall be extinguished unless you first comply with all applicable notice periods and requirements in this tariff including, but not limited to, the periods and requirements for providing notice. You and UCS understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions precedent on the face of any complaint that you file against UCS. You and UCS agree that UCS cannot be considered to have breached any obligation to you unless or until UCS wrongfully denies a claim submitted to UCS pursuant to the notice periods and requirements contained in this tariff. Finally, you and UCS agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from UCS or if you lack knowledge regarding whether such compliance will result in relief from UCS.

Notwithstanding the above, prior to the submission of any lawsuit, any controversy between the parties regarding the construction, application or performance of any by UCS, and any claim arising out of or relating to this tariff, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person from AAA to hear and determine the dispute. If the parties cannot agree on an individual, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. UCS and shipper shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure Section 1283.05. The cost of the arbitration, excluding legal fees and costs, shall be borne by the losing party or in such proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for all claims.

You agree that you will not sue UCS as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against UCS. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.

To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state of California. The sole and exclusive venue for the arbitration and or any legal dispute, shall be Los Angeles County, California.

The performance of any services does not make UCS an agent of the shipper or any third party for any purpose.

19. Package Restrictions (Size and Weight)
A. UCS will accept for transport packages that weigh up to 70 lbs and that measure up to 150cm (59 inches) in length or 300 cms (118 inches) in combined length and girth. UCS reserves the right to assess additional handling, oversize package and unauthorized package surcharges on any package whose dimensions are altered during transit, causing it to meet the parameters for these charges.

MEASUREMENT OF LENGTH AND GIRTH:
1. Regular-Shaped Packages: The length and girth of a package is length plus (two times the height) plus (two times the width). If the dimension includes a fraction, a fraction of one-half or greater will be rounded up to the next whole number; less than one-half will be rounded down to the next whole number.

2. Irregular-Shaped Packages and Regular-Shaped Articles With Hollow or Open Spaces: To measure combined length and girth, assume the package or article to be enclosed in a six-sided, rectangular container, and then determine the combined length and girth as for regular-shaped packages.

B. Charge for Unauthorized Packages. In addition to the other rates and charges named in this tariff, a charge of $55 per package will be assessed for the following conditions:
1. Any package measuring more than 59 inches in length.*

2. Any package measuring more than 118 inches in length and girth combined.*

3. Any package weighing more than 70 lbs.*

*Note: These packages are unauthorized, may be refused or returned to the shipper and will be delivered at the option of UCS.

20. Packaging and Marking
A. All packages must be prepared and packed by the sender for safe transportation with ordinary care in handling. Any articles susceptible to damage as a result of conditions that may be encountered in air transportation, such as changes in temperature, must be adequately protected by proper packaging. Each shipment must be legibly and durably marked with the name, address and postal code of both the shipper and recipient. The postal code is crucial to the efficient movement of the package through the UCS system.

B. If a shipment is refused by the recipient, leaks, or is damaged, the shipment may be returned to the sender, if possible, at cost to shipper. If the sender refuses to accept the returned shipment or it cannot be returned because of leakage or damage due to faulty packaging, the shipper is responsible for and will reimburse UCS for all costs and fees of any type connected with the legal disposal of the shipment and all costs and fees of any type connected with cleanup of any spill or leakage.

C. Fragile Articles/Orientation. Packaging for all fragile articles (including, but not limited to, electronic and electrical devices, scientific testing equipment, fragile glass, crystal, porcelain, or china) should be preapproved by UCS prior to shipping.

D. Package Inspection and Testing. UCS reserves the right to request a shipper to submit a representative sampling of the packaging for inspection and testing. If the shipper fails to comply with our request to inspect and test the packaging, or the sampling fails UCS testing, UCS will not be liable for any damages due to improper packaging.

E. UCS may issue written notice to you if you repeatedly fail to adhere to UCS’s packaging requirements due to your pattern or practice of insufficient packaging. Claims for damage or loss associated with an identified pattern or practice of insufficient packaging will be denied. Any such claim filed related to your shipments will not be paid, regardless of who files the claim, unless the claimant can establish that the loss or damage did not result from a failure to use proper packaging. UCS will continue to deny such claims until we determine that you have ceased the pattern or practice of failing to adhere to the packaging requirements. Nothing in this paragraph is intended to limit UCS’s right to deny a claim where the shipment in dispute is found to have improper packaging.

F. You must comply with all applicable laws (including, but not limited to, local, state, federal and international laws, and laws of the People’s Republic of China), including those governing packing, marking and labeling for all shipments.

G. It is the responsibility of the sender to properly complete the air waybill.

21. 21Prohibited Items
The following items are not acceptable for carriage unless otherwise indicated. (Additional restrictions may apply depending on destination. Various regulatory clearances in addition to customs clearance may be required for certain commodities, thereby extending the transit time.)
1. APO/FPO/DPO addresses.

2. C.O.D. shipments.

3. Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains.

4. Explosives.

5. Firearms, weaponry and their parts.

6. Perishable foodstuffs and foods and beverages requiring refrigeration or other environmental control.

7. Live animals including insects.

8. Pharmaceuticals and medicines.

9. Lottery tickets and gambling devices where prohibited by law.

10. Money (coins, cash, currency, paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters).

11. Pornographic and/or obscene material.

12. Shipments being processed under:
A. Duty drawback claims unless advance arrangements are made.

B. Temporary Import Bonds.

C. U.S. State Department licenses.

D. Carnets.

E. U.S. Drug Enforcement Administration export permit.

13. Hazardous waste (including, but not limited to, used hypodermic needles or syringes, or other medical waste), hazardous substances, inhalation hazards, biohazards such as blood, urine, fluids and other noninfectious diagnostic specimens.

14. Shipments that may cause damage to, or delay of, equipment, personnel or other shipments.

15. Shipments that require us to obtain any special license or permit for transportation, importation or exportation.

16. Shipments or commodities whose carriage, importation or exportation is prohibited by any law, statute or regulation.

17. Shipments with a declared value for customs in excess of that permitted for a specific destination.

18. Dangerous goods except as permitted under the Dangerous Goods section of these terms and conditions.

19. Processed or unprocessed dead animals, including insects and pets.

20. Packages that are wet, leaking or emit an odor of any kind.

21. Wildlife products that require U.S. Fish and Wildlife Service export clearance by UCS prior to exportation from the U.S.

22. In-bond shipments destined to or being withdrawn from a Foreign Trade Zone or bonded warehouse, unless the UCS International Broker Select option is selected for U.S. import shipments, or the UCS International Controlled Export service option is selected for U.S. export shipments.

23. Common fireworks.

24. Containers of liquids with a volume exceeding 8 gallons (32 liters) or 70 lbs. in weight.

25. Firearms.

26. Waste or garbage for disposal

Notwithstanding any other provision of these terms and conditions or the UCS tariff, we are not liable for delay of, loss of or damage to a shipment of any prohibited item. The shipper agrees to indemnify UCS for any and all costs, fees and expenses UCS incurs as a result of the shipper’s violation of any local, state or federal laws or regulations or from tendering any prohibited item for shipment.

22. Refusal or Rejection of Shipments
We reserve the right to refuse, hold or return any shipment and may do so at our sole discretion and without liability to us. We will execute that right when (but not limited to cases in which): (1) the shipment may cause damage or delay to other shipments, property or personnel; (2) the shipment is likely to sustain damage or loss in transit because of improper packaging or otherwise; (3) the shipment contains any prohibited items; (4) the account of the person or entity responsible for payment is not in good credit standing; or (5) when acceptance of the shipment may jeopardize our ability to provide service to other customers. We have no liability whatsoever for refusal or rejection of shipments.

Routing and Rerouting. 
We will determine the routing of all shipments. Some shipments may be consolidated or forwarded by UCS for transportation on foreign air carriers, or on either a charter or an interline basis as UCS may determine. We reserve the right to divert any shipment (including use of other carriers) in order to facilitate its delivery.

UCS assumes no obligation to reroute any shipment to a third country, to carry the goods by any specified aircraft or over any particular route or to make connection at any point according to any schedules. You agree that UCS may, without notice, substitute alternative carrier or aircraft, deviate from the route or routes, or cause the goods to be transported by motor vehicle.

Dangerous goods may not be rerouted to an address other than the original intended-recipient’s address provided by the shipper. (Note: Shipments may be made available as hold for pickup or be returned to the sender.)

Any requested change to an address that is not a reroute or an address correction is a new shipment, and new shipping charges will apply.

THERE ARE NO STOPPING PLACES THAT ARE AGREED TO AT THE TIME OF THE TENDER OF THE SHIPMENT, AND WE RESERVE THE RIGHT TO ROUTE THE SHIPMENT IN ANY WAY WE DEEM APPROPRIATE.

24. Undeliverable Shipments
A. An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
1. The recipient refuses to pay for a bill-recipient shipment.

2. The recipient of a Hold at UCS Location shipment cannot be located.

3. The recipient refuses to accept the shipment.

4. The recipient’s delivery address cannot be located.

5. The shipment or any part thereof did not clear customs of any country.

6. The shipment’s contents or packaging are damaged to the point that rewrapping is not possible.

7. The shipment would likely cause damage or delay to other shipments or property or injury to personnel.

8. The shipment contains prohibited items.

9. The recipient’s place of business is closed.

10. No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts.

11. The shipment was improperly packaged.

B. Undeliverable shipments may be returned via UCS service at the payer’s expense. Shipments will be returned via UCS service at no additional charge if the shipment is undeliverable because of damage to the shipment caused by UCS. However, if the shipment is undeliverable for any other reason, UCS reserves the right to assess return transportation charges and fees to the original payer, along with the original transportation charges and fees.

C. If a shipment cannot be delivered or returned or if the shipper or recipient cannot be contacted, the shipment may be transferred or disposed of by UCS at its sole discretion, with or without notice, and the shipper, if known, agrees to pay any costs incurred in the disposal.

D. Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at our sole discretion and at any location. The shipper agrees to pay any costs incurred by UCS in such placement or disposal.

25. Warranties
UCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES.

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